The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1887-05-25
THEISTER-STArE CONFUSION.
an Important Letter Defining the Powers
of the Commission as TO Certain Cases.

of the Commission as TO Certain Cases.
The Interstate Commission has made
public an important letter addressed to
the Minnesota 4; Northwestern Railroad
Company, defining the powels of the
commission as to certain cases and ex
planning why it is found impossible to
accede at once to the urgent appeal OF
the road for relief from the long and
short haul clause OF the law.
Cooley, says it is generally accepted that
the fourth section was designed to es-
tabish the general law that more must
not be charged for shorter than for 4
longer ha!.l and to permit exceptions
in special and peculiar cases only. Before
the passage of the law railroads were the
sole Judges as to what circumstances or
conditions justified such practice and
the law evidently meant to take this dis
cretionary power out of the hands of the
railroads and was passed in the belief
that incidental injuries resulting from
its enforcement would be more than
offset by advantages in the interest Of
the public good. The commission is as
much bound by the law as are the car
riers, and has power of discrimination
only so far as it is its duty to do. The
law contemplates that there may be
some special cases in which general good
requires suspension. But such cases are
obviously exceptional ones. Special and
peculiar circumstances and where only
general causes operate the general law
shall be left to its general course, how
ever serious may be the consequence to
particular roads. The law makes it clear
that any suspension granted must be
after an investigation, satisfying the
commission of the peculiar and excep-
tioral circumstances rendering it neces-
sary. The jurisdiction Of the commits
sion was meant to be closely restricted
and it can grant no suspension simply
on the apprehension that enforcement
would prove harmful or upon the un-
established assertion that it has done SO.
Congress must necessarily have realized
that some disturbances and injury would
be caused by the Law ard Congress alone
can be looked TO for the remedy or
notifications. The claim that the com
mission has power to suspend the clause
which were evil consequences are found
gives the commission general dispensing
power inconsistent with sound principles
OF government and OF which Congress
gave no hint. If the clause in its gener-
al operation proved generally and equal
ly mischieveous on all directions, the
commission, instead Of having greater
power to suspend, would be deprived OF
power for the reason tEat there would
be no exceptional cases ior it to act upon
and therefore none coming within its
discretionary authority. But there are
Of course exceptional cases and it is made
the duty OF the commission TO determine
what these are. This must be done by
the investigation upon which the COM
mission has entered. Where an applica-
ton for temporary suspension is based or
such general principles that many others
would have to follow, the commission has
best reasons for declining 70 grant 1t.
The letter is not designed to give any
intimation as to the permanent course OF
the commission, as no policy has been
determined upon. The commission de-
clares its regret that any injury is in
hicted by the law and promises to give
such complaints proper consideration.